Notice U/S 245 of Income Tax

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  1. Sonal S

    Sonal S New Member

    Hi,

    I got an email for notice u/s 245 of Income Tax stating that my refund for the AY-2014-15 is being adjusted against the outstanding demands. The demand AY is 2008 and amt shown is around 40k. This year I did some mistake while calculating the tax in the xls and paid more tax. While submitting the ITR, I found that the TDS is not taken into account & so my earlier tax calculation was more. As I had already paid the tax, when TDS was accounted, I was suppose to get a refund of around 9k and that is what I had claimed in the ITR. The notice I got says of outstanding demand of ~40k after adjusting my refund for this year. This is first time I had claimed a refund and first time I got a demand. It also has a DIN number and demand notice date (30-03-2010), however I have not got any such intimation and I have not changed my job or address in last 10 years so I do not expect missing communication. I have following queries -
    1. I see "Demand Uploaded by CPC" in the notice. I started online e-filing from AY-2012 and I do not see any pending demand notice in my account. Moreover, for last 2 AY(s) I have pdfs of 143(1) stating no pending demands. If a demand was pending from 2010, should it not be reflected in the assessments done for the years 2011-12-13 too? Or is it only when a refund is requested, IT dept starts digging if there was any demand pending so that they do not have to refund??
    2. Demand is given for AY-2008-2009 which means FY-2007-2008 which happens to be more than 7 years, should this be still valid?
    3. On checking the Traces website, no data is available for AY-2008, it has data from AY-2009 onwards only. Also, on the income tax website, if I select "Request for Intimation under 143(1)" in "My Accounts" here also data is available from AY-2009 only. Is there a way of getting this demand info for AY-2008 without approaching my AO?
    4. I know to settle this, I should approach the AO with all relevant docs. But for AY-2008-09 I filed my return on paper as no e-filing was introduced at that time and have the acknowledgement for the same. Other than that I do not have any docs from IT dept. about the demand or processing etc. For AY-2012-13, 2013-14 I have pdfs stating no previous demands. Will these documents suffice? Or what all other docs might be needed. I do have Form-16 for all previous years. Also, what is the process to be followed after approaching the AO, CPC?

    I would request folks to pls answer my above queries and help me with this situation!

    Thanks & Regards,
    Sonal
     
  2. gaurav_kumar

    gaurav_kumar Well-Known Member

    Go to the Income Tax Deptt and ask them for the order in which they have raised the demand.

    Also ask them for the manner of computing such demand.

    It seems like there is an error in the system and it is highly likely that there system may not have taken into account your TDS for the year AY 2008-09.

    Take whatever documents you have with yourself and approach the income tax deptt. The deptt is friendly to genuine tax payers.

    And dont hesistate to approach your income tax officer. When you have paid all your taxes, you should not be afraid of anyone.

    Just approach the tax deptt and ask for clarifications.
     
  3. Sonal S

    Sonal S New Member

    Dear Gaurav,
    thanks for ur reply and assurance. One more query, can i send my first reply by e-mail as i just came to my native for diwali and will be back by 27th only and will go in person then? Notice says 30 days period. Are u aware where can i get AO 's email id?
    Regards.
     
  4. gaurav_kumar

    gaurav_kumar Well-Known Member

    Not sure if accept letters by email...
     
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